April 12, 1996
VIA UPS OVERNIGHT
Joseph Quinn
257A Route 516
Matawan, NJ 07747
The Camadeco Slate
c/o Ben Camadeco, Secretary-Treasurer
Teamsters Local Union 815
467 Sylvan Avenue
Englewood Cliffs, NJ 07632
Re: Election Office Case No. P-401-LU815-NYC
Gentlemen:
A pre-election protest was filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election (“Rules”) by Joseph Quinn, a member of Local Union 815 and candidate for delegate on the Turn Things Around Elect The Workers (“Turn Things Around”) slate. Mr. Quinn charges that during a meeting of Local Union 815, Secretary-Treasurer Ben Camadeco, a candidate for delegate on the Camdeco slate, criticized Mr. Quinn’s opposing slate while making favorable remarks about his own slate and soliciting votes for it. The Election Officer deferred this protest for post-election review, pursuant to her authority under the Rules at Article XIV, Section 2(f)(2).
In response, Mr. Camadeco states that his statements were a factual and objective explanation of the Rules in response to a question concerning a notice about the delegate election. He further contends that he concluded his remarks by advising members to vote for the candidates of their choice.
The investigation was conducted by New York City Protest Coordinator Barbara Deinhardt.
Joseph Quinn
April 12, 1996
Page 1
Local Union 815 was entitled to elect five delegates and one alternate. Ballots for the delegate election were counted on March 8, 1996. The results were:
Delegates
Candidate Slate/Independent Vote
Ben Camadeco Ben Camadeco 936
Larry Plotznick Ben Camadeco 879
Bill Hanscom Ben Camadeco 859
Ted Turitz Ben Camadeco 838
Gene Locantore Ben Camadeco 834
Carlos M. Cobo Turn Things Around 234
Linda Corbin Turn Things Around 223
Larry E. Levister Turn Things Around 220
Joseph Quinn Turn Things Around 203
Bhavna B. Patel Turn Things Around 182
Osvalda Rosa Independent 75
Donna Thornton Independent 71
Alternates
Emilio Rivera Ben Camdeco 900
Richard Devine Ben Camdeco 888
William Morgan Turn Things Around 166
There was a 600-vote margin between the member on the winning slate of delegate candidates with the fewest votes and the member on the losing slate with the most votes.
On January 31, 1996, Mr. Camadeco chaired a chaotic and noisy local union meeting at the Chanel work site to discuss working conditions. There were approximately 250 members present. During the meeting, which lasted at least an hour, a member asked
Mr. Camadeco a question about an election notice on a bulletin board. Members present at the meeting who were interviewed during the investigation have given varying and inconsistent reports of what happened next.
Upon consideration of the evidence, the Election Officer finds that the following occurred. After the member’s question about the delegate election, Mr. Camadeco expressed some reluctance to answer, and prefaced his comments with the statement, “I’m not campaigning.” He then described the Consent Order and the IBT convention. However,
Joseph Quinn
April 12, 1996
Page 1
Mr. Camadeco also stated that members of the local union’s executive board were running as candidate--the Ben Camadeco slate--and observed that his slate was opposed. He characterized the opposing slate as lacking the requisite qualifications or experience to be delegates. His remarks criticizing the opposing slate lasted only a few minutes. He concluded this discussion by advising those present that they would receive ballots in the mail and could vote for whomever they wanted.
Article VIII, Section 5 of the Rules governs candidate access to membership meetings. Local unions need not permit candidates to campaign at membership meetings. However, if a candidate is permitted to speak, equal access must be provided to other candidates running for the position for which such campaigning was permitted. See Article VIII, Section 5.
Most of Mr. Camadeco’s conduct of the meeting was not campaigning. For example, most of his remarks when he was responding as chair of the meeting to a question about the election process, appear not to have been directed at praising his own slate or criticizing his opposition. However, the Election Officer finds that when his speech moved to supporting the qualifications of his own slate, and disparaging the experience of his opposition,
Mr. Camadeco was campaigning, in violation of the Rules.
Because these protests are being considered in a post-election context, the Election Officer must consider whether the violation “may have affected the outcome of the election,” under Article XIV, Section 3(b) of the Rules. A violation of the Rules alone is not grounds for setting aside an election unless there is a reasonable probability that the election outcome may have been affected by the violation. Wirtz v. Hotel Employees, Local 6, 391 U.S. 492, 507 (1968). A violation creates a presumption that the outcome was affected. Id. Once a violation is established, therefore, the Election Officer determines whether the effect of the violation was sufficient in scope to affect the outcome of the election. Id.; Dole v. Mailhandlers, Local 317, 711 F. Supp. 577, 581 (D.C.M.D. Ala. 1989).
The Election Officer finds that this violation did not affect the outcome of the election. It consisted of remarks lasting not more than a few minutes, in a meeting which lasted at least an hour. In addition, the size of the audience, approximately 250 members, was far smaller than the 600-vote margin of the election results, even if that margin is adjusted downwards to account for the 102 unresolved challenged ballots. The crowd noise while Mr. Camadeco was also speaking suggests that his words did not have a substantial impact on his audience. This limited effect is confirmed by the conflicting accounts of what he said. Furthermore, more than two weeks elapsed between the improper campaigning and the mailing of the ballots.
Accordingly, the protest is DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Joseph Quinn
April 12, 1996
Page 1
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, 400 N. Capitol Street, Suite 855, Washington, DC 20001, Facsimile
(202) 624-3525. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Barbara Deinhardt, New York City Protest Coordinator
Arthur A. Wasserman, Regional Coordinator